Search terms under scrutiny as decision in Lush and Amazon dispute issued
11 February 2014
The High Court judgment handed down on Monday 10 February 2014, which ruled in favour of Lewis Silkin's client Lush, has been covered in a World Trademark Review blog.
The High Court judgment handed down on Monday 10 February 2014, which ruled in favour of Lewis Silkin's client Lush, has been covered in a World Trademark Review blog.
Whilst Amazon may appeal the decision, which determined that the online retailer breached the copyright of cosmetics company Lush by attempting to divert customers to similar products through online search results, "it offers some important guidance on online advertising practices and could impact how retailers use trademarks in instances where they don’t actually have stock a particular brand".
Simon Chapman, partner at Lewis Silkin said: “The judgment provides much needed clarity with regards to exactly how far third parties can go in their use of trademarks to generate sponsored advertisements or direct web-traffic for commercial gain unrelated to the trademark owner. There is no doubt that many online retailers will need to reconsider their approach with regards the promotion of and marketing activity in support of alternative products to ensure they do not fall foul of today’s important precedent.”
You can read the blog in full on the World Trademark Review website here.